05/01/2012 13:57 FAX
12125939175
F.K.K.S.& PC
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FR AN KFURT KURN IT K LEI N & S E LZ
PC
488 Madbon Avenue
New York. New York 10022
Telephone: (212) 980-0120
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USDS SDNY
DOCUMENT
May 1,2012
1',1
e-
Hon. Harold Baer, Jr.
United States District Judge
Southern District ofNew York
500 Pearl Street, Rm. 2230
New York, New York 10007-1312
Re:
The Authors Guild, et a1.
'V.
Edward H. Rosenthal
(212) 826-5524
erosenthal@fklcs.com
. ect dial:
ELECTRONICALLY FILED
DOC#:
DATEF-~-E-D-:~~~~+=-
BY FACSIMILE (212) 805-7901
(347) 438-2110
;1:
Hathitrust, et al., 11 civ. 6351 (HB)
Dear Judge Baer:
We are the attorneys for Plaintiffs in the above-referenced case. We are writing with the
consent ofattorneys for Defendants and for Intervenors to request permission for the Plaintiffs to
file a 15-page reply brief in connection with Plaintiffs' motion for Partial Judgment on the
Pleadings. Plaintiffs' reply is due May 11 and oral argument has been scheduled for May 17.
The reason for this request is that separate opening briefs have been filed by Defendants
and by Intervenors. In addition, counsel for the American Library Association, the Association
of College and Research Libraries, and the Association of Research Libraries has filed a motion
to file an amicus brief on this issue, which we do not intend to oppose.
Our proposal is that we would file a single I5-page reply to all of the opposing briefs
filed on this motion.
Thank you for your consideration.
Respectfully submitted,
cc:
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Robert Bernstein, Esq. (via email):J
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Dan Goldstein, Esq. (via email)
Joseph Petersen, Esq. (via email)
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